Plaintiff, United States of America (the "United States"), upon information and
belief, alleges for its complaint as follows:

NATURE OF THE CASE

1. This is an action brought by the United States to enforce the provisions of
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, etseq., as amended ("Title VII").

JURISDICTION AND VENUE

2. This Court has jurisdiction over the subject matter of this action pursuant
to 42 U.S.C. § 2000e-6 and 28 U.S.C. §§ 1331 and 1345.

3. Venue is proper in this district under 28 U.S.C. § 1391.

THE PARTIES

4. Defendant, the City of New York (the "City"), is an employer within the
meaning of 42 U.S.C. § 2000e(b).

5. Defendant, New York City Department of Parks and Recreation ("Parks"),
is an agency of the City, and is an employer, or an agent of an employer, within the meaning of
42 U.S.C. § 2000e(b).

6. Plaintiff, the United States, is authorized to commence suit against an
employer pursuant to 42 U.S.C. § 2000e-6 when the Attorney General of the United States has
reasonable cause to believe that the employer has violated Title VII by engaging in a pattern or
practice of unlawful discrimination.

PATTERN OR PRACTICE OF DISCRIMINATION

7. Parks engages in a pattern or practice of discrimination against its black
and Hispanic employees on the basis of their race and/or national origin in making promotion
decisions.

14. Rather, Parks' pattern or practice with respect to vacant management
positions is that its senior managers, including the Parks Commissioner and his executive staff,
seek out and promote whites to management positions without conducting any formal interview
process and in disregard of Parks' own EEOP.

15. For example, in and around 1995, Lynda Ricciardone, a white employee,
was promoted to Center Manager of the Asser Levy Recreation Center ("Asser Levy") despite
never having applied for that position. Contrary to its stated policies, including the EEOP, Parks
promoted Ricciardone without ever having posted a vacancy notice, solicited applications, or
conducted a formal interview process for the position.

16. Ricciardone was later promoted to Deputy Chief of Recreation for
Manhattan, and then to Chief of Recreation for Manhattan. Again, Parks promoted Ricciardone
to these positions without ever having posted vacancy notices, solicited applications, or
conducted a formal interview process.

17. Similarly, Christopher Caropolo, another white employee, who began
working at Parks in 1993 in a low-level clerical position at Asser Levy, was promoted to Deputy
Center Manager at Asser Levy in 1994, then to Center Manager at the East 54th Street Recreation
Center ("East 54th Street") in 1997, and then to Deputy Chief of Recreation for Manhattan in
1998, without ever having to respond to a posting, or submit an application. Again, Parks
promoted Carapolo to these positions without ever having posted vacancy notices, solicited
applications, or conducted a formal interview process.

18. In addition, Dorothy Lewandowski, a white employee, was promoted to
Chief of Operations for the Bronx when then-Parks Commissioner Henry Stern called her and
informed her that she was being promoted from Deputy Chief of Operations for Queens. Again,
Parks promoted Lewandowski to this position without ever having posted a vacancy notice,
solicited applications, or conducted a formal interview process.

19. Further, Parks promoted Keith Kerman, a white employee, to Director of
Managed Competition, and then to Citywide Chief of Operations. Again, Parks promoted
Kerman to these positions without ever having posted vacancy notices, solicited applications, or
conducted a formal interview process.

20. Similarly, Susan Silvestro, a white employee, was promoted to Chief of
Administrative Services for Parks' "5-Boro Office." Parks promoted Silvestro to this position
without ever having posted a vacancy notice, solicited applications, or conducted a formal
interview process.

B. The "Class Of" Program

21. Parks uses its "Class Of" program in furtherance of its pattern or practice
of discrimination against black and Hispanic employees, creating a separate promotional track
for white Class Of participants whom Parks recruits directly from college.

22. In comparison to Parks' overall workforce, the composition of the Class
Of program is disproportionately white and non-Hispanic.

23. Although many Class Of members leave Parks after two years to pursue
other employment or continue their education, those Class Of members who chose to continue
their employment with Parks routinely and swiftly have been promoted into high level permanent
positions throughout the agency - over equally or more qualified black and Hispanic veteran
employees.

24. Parks promotes Class Of participants to management positions for which it
never posts vacancy notices, seeks applications, or conducts a formal interview process. Indeed,
certain management positions are created specifically for Class Of recruits, so that it is
impossible for anyone else to apply, interview, and be considered for the positions.

25. For example, within the span of two years, Stacy Leimas, a white Class Of
member, was promoted from Parks' Recruitment Coordinator, to Aide to the Senior Advisor to
the Commissioner, to Director of Work Experience Program ("WEP") Operations, a newly
created position. Parks hand picked Leimas for these positions without affording black and
Hispanic employees an opportunity to apply.

26. Parks replaced Leimas as Director of WEP Operations with Janice
Felderstein, another white Class Of member who had been working for Parks for only a couple of
years. Again, Parks selected Felderstein for this position without affording black and Hispanic
employees an opportunity to apply.

27. Parks promoted K.C. Sahl, a white Class Of member, to become the first
Manager of Washington Square Park (a job that had not previously existed), to Parks Recreation
Manager, and then to Deputy Chief of Operations for Brooklyn. Parks selected Sahl for these
positions without affording black and Hispanic employees an opportunity to apply.

28. Parks promoted Chris Clouden, a white Class Of member, who had been
working for Parks for only two or three years, to replace Lynda Ricciardone in June 2000 as
Chief of Recreation for Manhattan. Parks selected Clouden for this position without affording
black and Hispanic employees an opportunity to apply.

29. Parks promoted Chris Trevino, a white Class Of member who had been
working for Parks for only one or two years, to Parks Recreation Manager in the Bronx. Parks
selected Trevino for this position without affording black and Hispanic employees an opportunity
to apply.

C. Individuals Injured by Parks' Discriminatory Promotion Policies

30. Parks' promotion policies discriminate against qualified black and
Hispanic employees who have been excluded from seeking promotional opportunities, including,
but not limited to, the three individuals discussed below.

Paula Loving

31. For example, Paula Loving is a 37 year-old black woman who was
employed full-time at Parks from 1987 through December 1999.

32. Prior to leaving Parks, Loving had been working for approximately seven
years as the citywide coordinator for Parks' component of the City's WEP. As such, Loving had
been responsible for overseeing the daily operations of Parks' component of WEP in all five
boroughs.

33. In 1997, Parks created and filled the position of Director of WEP
Operations, a position which was never posted and for which no interviews were held.

34. Parks selected Stacy Leimas, a white woman and Class Of recruit, to be
Director of WEP Operations.

35. Contrary to its own stated policies, Parks promoted Leimas to the position
of Director of WEP Operations without posting the position, soliciting applications, or
conducting a formal interview process.

36. As Director of WEP Operations, Leimas performed many of the same job
duties Loving was already performing or had performed in the past as citywide WEP coordinator.

37. Loving was equally or more qualified than Leimas to be Director of WEP
Operations, but Parks never considered Loving for the promotion.

38. Had Parks posted a vacancy notice for the position, Loving would have
applied.

39. In the summer of 1998, Parks replaced Leimas as Director of WEP
Operations with Janis Felderstein, another white woman and Class Of recruit.

40. Contrary to its own stated policies, Parks promoted Felderstein to the
position of Director of WEP Operations without posting the position, soliciting applications, or
conducting a formal interview process.

41. Loving was equally or more qualified than Felderstein to be Director of
WEP Operations, but Parks never considered Loving for the promotion.

42. Had Parks posted a vacancy notice for the position, Loving would have
applied.

Robert Wright

43. Robert Wright is a 46 year-old black man who has been a Parks employee
in the Recreation Division since 1979.

44. Wright has vast recreation experience, including coordinating youth
recreation programs throughout the City, and managing recreation centers in Queens and
Manhattan.

45. Wright is currently working as a Park Recreation Manager at Marcus
Garvey Park in Manhattan.

46. In 1995, Mr. Wright sought to transfer from Queens to Manhattan, and
spoke with then-Assistant Commissioner of Recreation Rosemarie O'Keefe about the desired
transfer.

48. Wright chose Asser Levy. At the time, the Center Manager position at
Asser Levy was vacant although Parks had not posted a vacancy notice announcing the opening
of the position.

49. Asser Levy, located in lower Manhattan, is one of Parks' premier
recreation centers. Because of its prominence, the position of Center Manager at Asser Levy
often serves as a stepping stone to higher promotions.

50. Although O'Keefe initially agreed to transfer Wright to the Asser Levy
manager position, a week or two later, she told Wright that the position was not available, and
that his choices for transfer were limited to four recreation centers in predominantly black and
Hispanic communities.

51. When Wright asked O'Keefe why he had to make another choice, she
responded "you just have to." As a result, Wright chose to become the Center Manager for the
Hansborough Recreation Center in Harlem.

53. Ricciardone had not even applied for the Asser Levy Center Manager
position; rather, Parks offered her the position after she interviewed for a different position in the
Operations Division.

54. Wright was equally or more qualified than Ricciardone to be Center
Manager at Asser Levy.

55. Since 1995, the Center Manager position at Asser Levy has been vacant on
at least two occasions. Contrary to its own stated policies, Parks failed to post vacancy notices,
solicit applications, or conduct a formal interview process for the position on either occasion.

56. Had Parks posted vacancy notices announcing the positions, Wright would
have applied. Instead, on each occasion, a white employee who did not submit an application for
the position was appointed Center Manager of Asser Levy.

Angelo Colon

57. Angelo Colon is a 48 year-old Hispanic man who has been a Parks
employee since approximately 1988. Colon currently holds the position of Maintenance and
Operations Coordinator.

58. In or around 1996, Colon became the Acting Center Manager at East 54th
Street. East 54th Street, located in Manhattan, is one of Parks' premier recreation centers.
Because of its prominence, the position of Center Manager at East 54th Street often serves as a
stepping stone to higher promotions.

59. In 1997, while Colon was Acting Center Manager at East 54th Street, his
supervisor, Deputy Chief of Recreation Ricciardone, rated him "excellent" in every category and
commented that "Mr. Colon has always gone above and beyond in any situation. He is currently
. . . doing an exceptional job."

60. Nonetheless, in the spring of 1997, Ricciardone transferred Colon to the
Center Manager position of the Thomas Jefferson Recreation Center at 112th Street and First
Avenue in Harlem - a far less prominent recreation center with significantly fewer resources than
East 54th Street.

62. Colon was equally or more qualified than Caropolo to be Center Manager
at East 54th Street.

63. Contrary to its own stated policies, Parks failed to post a vacancy notice,
solicit applications, or conduct a formal interview process for the East 54th Street Center Manager
position.

64. Had Parks posted a vacancy notice announcing the position, Colon would
have applied.

65. As a result of Parks' discriminatory pattern or practice with respect to
promotion decisions, qualified black and Hispanic employees seeking promotions have been
denied the opportunity even to learn of vacancies, let alone apply for them and be considered for
promotion.

66. As a result of Parks' discriminatory pattern or practice with respect to
promotion decisions, white employees are promoted to management positions to the exclusion of
qualified black and Hispanic employees.

Conditions Precedent to Suit

67. All conditions precedent to the filing of this suit have been satisfied.

CLAIM FOR RELIEF

Pattern and Practice of Discrimination

68. Paragraphs 1 through 67 are realleged and incorporated herein by
reference.

69. Defendants have engaged in a pattern or practice of employment
discrimination in violation of 42 U.S.C. § 2000e-2(a) that has the purpose or effect of excluding
qualified blacks and Hispanics from opportunities for promotion within Parks.

Jury Demand

70. The United States hereby demands a trial by jury of all issues so triable
pursuant to Rule 38 of the Federal Rules of Civil Procedure and Section 102 of the Civil Rights
Act of 1991, 42 U.S.C. § 1981a.

B. enjoining defendants from engaging in discriminatory employment
practices in violation of Title VII, and requiring that Parks provide a fair, open, and competitive
selection process for promotions;

C. directing defendants to take such other affirmative steps as may be
necessary to prevent and to remedy employment discrimination and the patterns or practices of
discrimination in employment identified above; and

D. granting such further relief as the Court may deem just, together with the
United States' costs and disbursements in this action.